DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering Power Pty Ltd
(AG2019/4311)

DOWNER EDI ENGINEERING POWER PTY LTD GOLDFIELDS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 28 JANUARY 2020

Application for approval of the Downer EDI Engineering Power Pty Ltd Goldfields Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Goldfields Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering Power Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2020. The nominal expiry date of the Agreement is 28 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Downer EDI Engineering Power Pty Ltd, trading as Downer EDI Engineering Power Pty Ltd, applied for the approval of the Downer EDI Engineering Power Pty Ltd Goldfields Enterprise Agreement 2019. The application for approval arose from a dispute between the company and the Australian Manufacturing Workers’ Union, which sought to have the agreement approved by the Commission. The dispute centred around whether the agreement complied with the relevant legislative framework and if it met the necessary criteria for approval.

The primary legal issue before the Commission was whether the enterprise agreement contained all the mandated terms and conditions, including the minimum entitlements, and whether it had been fairly negotiated. Additionally, the Commission needed to determine if the agreement contained a proper process for the resolution of any disputes that might arise during its operation. The Commission also examined whether the agreement was consistent with the overarching objectives of the Fair Work Act 2009, including promoting high levels of economic and social performance.

The Commission found that the agreement was largely consistent with the statutory requirements and had been fairly negotiated. The agreement included all the necessary terms and conditions, including minimum entitlements, and provided a clear process for resolving disputes. The Commission concluded that the agreement met the criteria for approval and did not contravene any provisions of the Fair Work Act 2009. As such, the Commission approved the enterprise agreement, allowing it to come into effect as a binding legal document between the employer and the employees covered by the agreement.

The Commission's decision was final and binding, with no further appeal possible. The approval of the enterprise agreement marked the resolution of the dispute between Downer EDI Engineering Power Pty Ltd and the Australian Manufacturing Workers’ Union, ensuring that the agreement would govern the employment conditions of the employees for the specified period.

Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering Power Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established